Sub. H. B. No. 576 As Passed by the Senate

Representatives McGregor, R., Buehrer, Reinhard, Carmichael, Allen, Aslanides, Barrett, Beatty, Blasdel, Blessing, Boccieri, Book, Brown, Bubp, Carano, Cassell, Chandler, Coley, Collier, Combs, Core, DeBose, DeGeeter, DeWine, Distel, Dolan, Domenick, Driehaus, Evans, C., Evans, D., Faber, Fende, Fessler, Flowers, Garrison, Gibbs, Gilb, Hagan, Hartnett, Harwood, Healy, Hood, Hoops, Hughes, Key, Kilbane, Koziura, Latta, Law, Mason, McGregor, J., Mitchell, Oelslager, Otterman, Patton, S., Patton, T., Perry, Peterson, Raussen, Redfern, Reed, Reidelbach, Sayre, Schaffer, Schlichter, Schneider, Seitz, Setzer, Skindell, Smith, G., Smith, S., Stewart, D., Stewart, J., Strahorn, Sykes, Taylor, Uecker, Wagner, Wagoner, Webster, White, Widener, Widowfield, Willamowski, Williams, Wolpert, Yates, Yuko, Ujvagi

Senators Cates, Grendell, Armbruster, Mumper, Niehaus, Schuring, Miller, D., Fedor, Kearney, Amstutz, Carey, Clancy, Dann, Fingerhut, Gardner, Harris, Hottinger, Miller, R., Prentiss, Roberts, Schuler, Spada, Stivers, Zurz, Austria, Hagan, Jordan, Wilson

A BILL
To amend section 3333.26 of the Revised Code to 1
provide college tuition waivers to spouses and 2
qualifying former spouses of members of the United 3
States armed forces killed in the line of duty in 4
a combat zone after May 7, 1975, if the spouse or 5
qualified former spouse was a resident at that 6
time. 7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 3333.26 of the Revised Code be 8
amended to read as follows: 9

       Sec. 3333.26. (A) Any citizen of this state who has resided 10
within the state for one year ~~and~~, who was in the active service 11
of the United States as a soldier, sailor, nurse, or marine 12
between April 6, 1917, and November 11, 1918, and who has been 13
honorably discharged from ~~such~~ that service, shall be admitted to 14
any school, college, or university that receives state funds in 15
support thereof, without being required to pay any tuition or 16
matriculation fee, but is not relieved from the payment of 17
laboratory or similar fees. 18

       (B)(1) As used in this division: 19

       (a) "Volunteer firefighter" has the meaning ~~given~~as in 20
division (B)(1) of section 146.01 of the Revised Code;. 21

       (b) "Public service officer" means an Ohio firefighter, 22
volunteer firefighter, police officer, member of the state highway 23
patrol, employee designated to exercise the powers of police 24
officers pursuant to section 1545.13 of the Revised Code, or other 25
peace officer as defined by division (B) of section 2935.01 of the 26
Revised Code, or a person holding any equivalent position in 27
another state;. 28

       (c) "Qualified former spouse" means the former spouse of a 29
public service officer, or of a member of the armed services of 30
the United States, who is the custodial parent of a minor child of 31
that marriage pursuant to an order allocating the parental rights 32
and responsibilities for care of the child issued pursuant to 33
section 3109.04 of the Revised Code. 34

       (d) "Operation enduring freedom" means that period of 35
conflict which began October 7, 2001, and ends on a date declared 36
by the president of the United States or the congress. 37

        (e) "Operation Iraqi freedom" means that period of conflict 38
which began March 20, 2003, and ends on a date declared by the 39
president of the United States or the congress. 40

       (f) "Combat zone" means an area that the president of the 41
United States by executive order designates, for purposes of 26 42
U.S.C. 112, as an area in which armed forces of the United States 43
are or have engaged in combat. 44

       (2) Any resident of this state who is under twenty-six years 45
of age, or under thirty years of age if the resident has been 46
honorably discharged from the armed services of the United States, 47
~~and~~ who is the child of a public service officer killed in the 48
line of duty or of a member of the armed services of the United 49
States killed in the line of duty during operation enduring 50
freedom or operation Iraqi freedom, and who is admitted to any 51
state university or college as defined in division (A)(1) of 52
section 3345.12 of the Revised Code, community college, state 53
community college, university branch, or technical college, shall 54
not be required to pay any tuition or any student fee for up to 55
four academic years of education, which shall be at the 56
undergraduate level. 57

       A child of a member of the armed services of the United 58
States killed in the line of duty during operation enduring 59
freedom or operation Iraqi freedom is eligible for a waiver of 60
tuition and student fees under this division only if the student 61
is not eligible for a war orphans scholarship authorized by 62
Chapter 5910. of the Revised Code. In any year in which the war 63
orphans scholarship board reduces the percentage of tuition 64
covered by a war orphans scholarship below one hundred per cent 65
pursuant to division (A) of section 5910.04 of the Revised Code, 66
the waiver of tuition and student fees under this division for a 67
child of a member of the armed services of the United States 68
killed in the line of duty during operation enduring freedom or 69
operation Iraqi freedom shall be reduced by the same percentage. 70

       (3) Any resident of this state who is the spouse or qualified 71
former spouse of a public service officer killed in the line of 72
duty, and who is admitted to any state university or college as 73
defined in division (A)(1) of section 3345.12 of the Revised Code, 74
community college, state community college, university branch, or 75
technical college, shall not be required to pay any tuition or any 76
student fee for up to four academic years of education, which 77
shall be at the undergraduate level. 78

       (4) Any resident of this state who is the spouse or qualified 79
former spouse of a member of the armed services of the United 80
States killed in the line of duty while serving in a combat zone 81
after May 7, 1975, and who is admitted to any state university or 82
college as defined in division (A)(1) of section 3345.12 of the 83
Revised Code, community college, state community college, 84
university branch, or technical college, shall not be required to 85
pay any tuition or any student fee for up to four years of 86
academic education, which shall be at the undergraduate level. In 87
order to qualify under division (B)(4) of this section, the spouse 88
or qualified former spouse shall have been a resident of this 89
state at the time the member was killed in the line of duty. 90

       (C) Any institution that is not subject to division (B) of 91
this section and that holds a valid certificate of registration 92
issued under Chapter 3332. of the Revised Code, a valid 93
certificate issued under Chapter 4709. of the Revised Code, or a 94
valid license issued under Chapter 4713. of the Revised Code, or 95
that is nonprofit and has a certificate of authorization issued 96
under section 1713.02 of the Revised Code, or that is a private 97
institution exempt from regulation under Chapter 3332. of the 98
Revised Code as prescribed in section 3333.046 of the Revised Code 99
~~that~~, which reduces tuition and student fees of a student who is 100
eligible to attend an institution of higher education under the 101
provisions of division (B) of this section by an amount indicated 102
by the Ohio board of regents shall be eligible to receive a grant 103
in that amount from the board. ~~Each~~ 104

       Each institution that enrolls students under division (B) of 105
this section shall report to the board, by the first day of July 106
of each year, the number of students who were so enrolled and the 107
average amount of all such tuition and student fees waived during 108
the preceding year. The board shall determine the average amount 109
of all such tuition and student fees waived during the preceding 110
year. The average amount of the tuition and student fees waived 111
under division (B) of this section during the preceding year shall 112
be the amount of grants that participating institutions shall 113
receive under this division during the current year, but no grant 114
under this division shall exceed the tuition and student fees due 115
and payable by the student prior to the reduction referred to in 116
this division. ~~Such~~The grants shall be made for four years of 117
undergraduate education of an eligible student. 118

       Section 2. That existing section 3333.26 of the Revised Code 119
is hereby repealed. 120

Section 1. That section 3333.26 of the Revised Code be	8
amended to read as follows:	9

Sec. 3333.26. (A) Any citizen of this state who has resided	10
within the state for one year ~~and~~, who was in the active service	11
of the United States as a soldier, sailor, nurse, or marine	12
between April 6, 1917, and November 11, 1918, and who has been	13
honorably discharged from ~~such~~ that service, shall be admitted to	14
any school, college, or university that receives state funds in	15
support thereof, without being required to pay any tuition or	16
matriculation fee, but is not relieved from the payment of	17
laboratory or similar fees.	18

(a) "Volunteer firefighter" has the meaning ~~given~~as in	20
division (B)(1) of section 146.01 of the Revised Code;.	21

(b) "Public service officer" means an Ohio firefighter,	22
volunteer firefighter, police officer, member of the state highway	23
patrol, employee designated to exercise the powers of police	24
officers pursuant to section 1545.13 of the Revised Code, or other	25
peace officer as defined by division (B) of section 2935.01 of the	26
Revised Code, or a person holding any equivalent position in	27
another state;.	28

(c) "Qualified former spouse" means the former spouse of a	29
public service officer, or of a member of the armed services of	30
the United States, who is the custodial parent of a minor child of	31
that marriage pursuant to an order allocating the parental rights	32
and responsibilities for care of the child issued pursuant to	33
section 3109.04 of the Revised Code.	34

(d) "Operation enduring freedom" means that period of	35
conflict which began October 7, 2001, and ends on a date declared	36
by the president of the United States or the congress.	37

(e) "Operation Iraqi freedom" means that period of conflict	38
which began March 20, 2003, and ends on a date declared by the	39
president of the United States or the congress.	40

(f) "Combat zone" means an area that the president of the	41
United States by executive order designates, for purposes of 26	42
U.S.C. 112, as an area in which armed forces of the United States	43
are or have engaged in combat.	44

(2) Any resident of this state who is under twenty-six years	45
of age, or under thirty years of age if the resident has been	46
honorably discharged from the armed services of the United States,	47
~~and~~ who is the child of a public service officer killed in the	48
line of duty or of a member of the armed services of the United	49
States killed in the line of duty during operation enduring	50
freedom or operation Iraqi freedom, and who is admitted to any	51
state university or college as defined in division (A)(1) of	52
section 3345.12 of the Revised Code, community college, state	53
community college, university branch, or technical college, shall	54
not be required to pay any tuition or any student fee for up to	55
four academic years of education, which shall be at the	56
undergraduate level.	57

A child of a member of the armed services of the United	58
States killed in the line of duty during operation enduring	59
freedom or operation Iraqi freedom is eligible for a waiver of	60
tuition and student fees under this division only if the student	61
is not eligible for a war orphans scholarship authorized by	62
Chapter 5910. of the Revised Code. In any year in which the war	63
orphans scholarship board reduces the percentage of tuition	64
covered by a war orphans scholarship below one hundred per cent	65
pursuant to division (A) of section 5910.04 of the Revised Code,	66
the waiver of tuition and student fees under this division for a	67
child of a member of the armed services of the United States	68
killed in the line of duty during operation enduring freedom or	69
operation Iraqi freedom shall be reduced by the same percentage.	70

(3) Any resident of this state who is the spouse or qualified	71
former spouse of a public service officer killed in the line of	72
duty, and who is admitted to any state university or college as	73
defined in division (A)(1) of section 3345.12 of the Revised Code,	74
community college, state community college, university branch, or	75
technical college, shall not be required to pay any tuition or any	76
student fee for up to four academic years of education, which	77
shall be at the undergraduate level.	78

(4) Any resident of this state who is the spouse or qualified	79
former spouse of a member of the armed services of the United	80
States killed in the line of duty while serving in a combat zone	81
after May 7, 1975, and who is admitted to any state university or	82
college as defined in division (A)(1) of section 3345.12 of the	83
Revised Code, community college, state community college,	84
university branch, or technical college, shall not be required to	85
pay any tuition or any student fee for up to four years of	86
academic education, which shall be at the undergraduate level. In	87
order to qualify under division (B)(4) of this section, the spouse	88
or qualified former spouse shall have been a resident of this	89
state at the time the member was killed in the line of duty.	90

(C) Any institution that is not subject to division (B) of	91
this section and that holds a valid certificate of registration	92
issued under Chapter 3332. of the Revised Code, a valid	93
certificate issued under Chapter 4709. of the Revised Code, or a	94
valid license issued under Chapter 4713. of the Revised Code, or	95
that is nonprofit and has a certificate of authorization issued	96
under section 1713.02 of the Revised Code, or that is a private	97
institution exempt from regulation under Chapter 3332. of the	98
Revised Code as prescribed in section 3333.046 of the Revised Code	99
~~that~~, which reduces tuition and student fees of a student who is	100
eligible to attend an institution of higher education under the	101
provisions of division (B) of this section by an amount indicated	102
by the Ohio board of regents shall be eligible to receive a grant	103
in that amount from the board. ~~Each~~	104

Each institution that enrolls students under division (B) of	105
this section shall report to the board, by the first day of July	106
of each year, the number of students who were so enrolled and the	107
average amount of all such tuition and student fees waived during	108
the preceding year. The board shall determine the average amount	109
of all such tuition and student fees waived during the preceding	110
year. The average amount of the tuition and student fees waived	111
under division (B) of this section during the preceding year shall	112
be the amount of grants that participating institutions shall	113
receive under this division during the current year, but no grant	114
under this division shall exceed the tuition and student fees due	115
and payable by the student prior to the reduction referred to in	116
this division. ~~Such~~The grants shall be made for four years of	117
undergraduate education of an eligible student.	118

Section 2. That existing section 3333.26 of the Revised Code	119
is hereby repealed.	120